Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 112:5: "It is well with those who deal generously and lend, who conduct their affairs with justice."
Let us pray. Gracious God, thank You for Your kindness and mercy. Give to these Representatives the ability to work with others in passing legislation. Give each wisdom, understanding, and control. Keep them firm in their faith that all things come from Your hand. Bless them this week in their efforts to provide justice and mercy. Look in favor on our Nation, President, State, Governor, Speaker, staff, and all who contribute to this cause. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of those who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. JEFFERSON moved that when the House adjourns, it adjourn in memory of Allan Weiss, which was agreed to.
The House stood in silent prayer in memory of Fred "Worry" Kirby.
The following was received:
Columbia, S.C., April 26, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 339:
S. 339 (Word version) -- Senators Lourie and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "HOPE'S LAW" BY ADDING SECTION 44-115-160 SO AS TO REQUIRE MAMMOGRAM PROVIDERS TO PROVIDE A MAMMOGRAM REPORT TO PATIENTS ABOUT BREAST DENSITY AND TO REQUIRE THESE PROVIDERS TO INCLUDE A CONSPICUOUS NOTICE WHEN A MAMMOGRAM SHOWS THE PRESENCE OF DENSE BREAST TISSUE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The Senate sent to the House the following:
S. 1226 (Word version) -- Senators Young, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, M. B. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin and Williams: A CONCURRENT RESOLUTION TO DESIGNATE THE THIRD FULL WEEK IN APRIL 2016 AS "SHAKEN BABY SYNDROME AWARENESS WEEK" TO RAISE AWARENESS REGARDING SHAKEN BABY SYNDROME AND TO COMMEND THE HOSPITALS, CHILD CARE COUNCILS, SCHOOLS, AND OTHER ORGANIZATIONS THAT EDUCATE PARENTS AND CAREGIVERS ON HOW TO PROTECT CHILDREN FROM ABUSE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1264 (Word version) -- Senators Leatherman and Alexander: A CONCURRENT RESOLUTION TO AWARD THE SOUTH CAROLINA MEDAL OF VALOR TO THOSE SOUTH CAROLINIANS WHO LOST THEIR LIVES WHILE SERVING IN THE ARMED FORCES DURING THE GLOBAL WAR ON TERRORISM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1269 (Word version) -- Senator Coleman: A CONCURRENT RESOLUTION TO COMMEND SARAH D. McMASTER, DIRECTOR OF THE FAIRFIELD COUNTY LIBRARY, UPON HER RETIREMENT AFTER THIRTY-NINE YEARS OF SERVICE AND TO WISH HER THE BEST OF LUCK IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1276 (Word version) -- Senators Scott, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, M. B. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SIGNIFICANT WORK OF THE BIG RED BARN RETREAT IN RICHLAND COUNTY AS A SOURCE OF PROVIDING PEACE FOR THOSE IN NEED OF
HEALING AND TO COMMEND THE RETREAT'S MIDLANDS GIVES DAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 561 (Word version) -- Senators Grooms, Davis, Gregory, Peeler, Malloy, Campbell, Cleary, Bennett, Campsen, Sheheen and Fair: A BILL TO AMEND ARTICLE 3, CHAPTER 1, TITLE 57 OF THE 1976 CODE, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, TO INCREASE THE MEMBERSHIP OF THE COMMISSION TO NINE MEMBERS, TO PROVIDE THAT COMMISSIONERS SHALL BE APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE SUBJECT TO SCREENING BY THE JOINT TRANSPORTATION REVIEW COMMITTEE AND THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE THAT COMMISSIONERS SHALL BE APPOINTED TO SIX-YEAR TERMS, AND TO CLARIFY THE COMMISSION'S DUTIES AND RESPONSIBILITIES; TO AMEND SECTION 57-1-410, RELATING TO THE APPOINTMENT OF THE SECRETARY OF TRANSPORTATION, TO PROVIDE THAT THE COMMISSION, WITH THE APPROVAL OF THE GOVERNOR, SHALL APPOINT A SECRETARY OF TRANSPORTATION SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTIONS 57-1-720(C) AND 57-1-730 TO MAKE TECHNICAL AND CONFORMING AMENDMENTS REFLECTING THE APPOINTMENT OF COMMISSIONERS RATHER THAN ELECTION OF COMMISSIONERS; TO AMEND CHAPTER 6, TITLE 1 OF THE 1976 CODE, RELATING TO THE OFFICE OF INSPECTOR GENERAL, TO ESTABLISH A DIVISION WITHIN THE OFFICE OF INSPECTOR GENERAL THAT IS RESPONSIBLE FOR THE INTERNAL AUDIT FUNCTION OF THE DEPARTMENT OF TRANSPORTATION; AND TO REPEAL SECTIONS 57-1-460 AND 57-1-740.
Referred to Committee on Judiciary
S. 908 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT" BY ADDING PART 10 TO ARTICLE 2, TITLE 62 SO AS TO ESTABLISH A FRAMEWORK BY WHICH INTERNET USERS HAVE THE POWER TO PLAN FOR THE MANAGEMENT AND DISPOSITION OF DIGITAL ASSETS UPON DEATH OR INCAPACITATION; TO DEFINE NECESSARY TERMS; TO SET FORTH THE APPLICABILITY OF THE ACT TO FIDUCIARIES, PERSONAL REPRESENTATIVES, CONSERVATORS, TRUSTEES, AND OTHER PARTIES; TO PROVIDE THAT THE ACT DOES NOT APPLY TO A DIGITAL ASSET OF AN EMPLOYER THAT IS USED BY AN EMPLOYEE IN THE ORDINARY COURSE OF BUSINESS; AND TO REQUIRE THAT THE PROVISIONS OF THIS ACT BE APPLIED AND CONSTRUED SO AS TO PROMOTE UNIFORMITY OF LAW AMONG THE STATES.
Referred to Committee on Judiciary
S. 1015 (Word version) -- Senators Leatherman and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-165 SO AS TO MAKE UNLAWFUL CERTAIN ACTIONS INVOLVING COUNTERFEIT OR NONFUNCTIONAL AIRBAGS.
Referred to Committee on Judiciary
S. 1016 (Word version) -- Senators Cleary, Jackson, J. Matthews, Campbell, Davis, Scott, Turner, Rankin, Alexander and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 44 TO ENACT THE "EYE CARE CONSUMER PROTECTION LAW" SO AS TO ESTABLISH REQUIREMENTS FOR A PERSON WHO SELLS SPECTACLES OR CONTACT LENSES USING REFRACTIVE DATA OR INFORMATION GENERATED BY AN AUTOMATED TESTING DEVICE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Allison Anthony Atwater Bales Ballentine Bamberg Bedingfield Bingham Bowers Bradley R. L. Brown Burns Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Daning Delleney Douglas Duckworth Felder Forrester Fry Gagnon Gambrell George Gilliard Goldfinch Govan Hardee Hart Hayes Henderson Herbkersman Hicks Hill Hiott Hixon Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Lucas McKnight M. S. McLeod W. J. McLeod Nanney Newton Norman Ott Parks Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Stringer Tallon Taylor Tinkler Weeks Wells Whipper White Williams Yow
I came in after the roll call and was present for the Session on Wednesday, April 27.
Terry Alexander Carl Anderson Bruce W. Bannister Beth Bernstein Douglas "Doug" Brannon Grady Brown Bill Chumley Gary E. Clary Christopher A. Corley Chandra Dillard Shannon Erickson Kirkman Finlay Laurie Funderburk Dan Hamilton Patricia M. Henegan Kenneth F. Hodges Ralph Kennedy H. B. "Chip" Limehouse Dwight Loftis Deborah A. Long Phillip Lowe Peter McCoy, Jr. Joe McEachern James Merrill Harold Mitchell Dennis Moss Chris Murphy Joseph Neal Mandy Powers Norrell Michael A. Pitts Richard "Rick" Quinn Todd Rutherford Mike Ryhal G. Murrell Smith Leon Stavrinakis Anne Thayer William R. "Bill" Whitmire Mark Willis
Reps. LOFTIS and MITCHELL signed a statement with the Clerk that they came in after the roll call of the House and was present for the Session on Tuesday, April 26.
The SPEAKER granted Rep. SOUTHARD a leave of absence for the day.
The SPEAKER granted Rep. V. S. MOSS a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. HORNE a leave of absence for the day due to a family court appearance.
The SPEAKER granted Rep. THAYER a temporary leave of absence.
Announcement was made that Dr. Jeffery A. Travis of Lexington was the Doctor of the Day for the General Assembly.
Reps. GEORGE and HAYES presented to the House the Latta High School Baseball Team, coaches, and other school officials.
Rep. GEORGE presented to the House the Latta High School Girls Softball Team, coaches, and other school officials.
Rep. GEORGE presented to the House the Dillon High School Varsity Football Team, coaches, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3229 (Word version)
Date: ADD:
04/27/16 BALES
Bill Number: H. 4999 (Word version)
Date: ADD:
04/27/16 ERICKSON, LONG and YOW
Bill Number: H. 5172 (Word version)
Date: ADD:
04/27/16 CLEMMONS
Bill Number: H. 5279 (Word version)
Date: ADD:
04/27/16 R. L. BROWN
Bill Number: H. 5090 (Word version)
Date: REMOVE:
04/27/16 SPIRES
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1238 (Word version) -- Senators Leatherman and Williams: A BILL TO AMEND ACT 806 OF 1952, AS AMENDED, RELATING TO THE ANNUAL BUDGET FOR FLORENCE COUNTY SCHOOL DISTRICT TWO, SO AS TO ONLY REQUIRE A SEPARATE MEETING OF THE CITIZENS IF THE PROPOSED BUDGET REQUIRES A MILLAGE INCREASE.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 5066 (Word version) -- Reps. Herbkersman, Erickson, Bowers, Bradley, Newton and Hodges: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, RELATING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REQUIRE CANDIDATES SEEKING ELECTION TO SUBMIT A STATEMENT OF CANDIDACY RATHER THAN SUBMIT SIGNED PETITIONS.
The following Bill was taken up:
S. 863 (Word version) -- Senators Scott and Jackson: A BILL TO AMEND ACT 613 OF 1986, AS AMENDED, RELATING TO SCHOOL DISTRICTS IN RICHLAND COUNTY, SO AS TO REAPPORTION THE FOUR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICT ONE ARE ELECTED, TO DESIGNATE A MAP NUMBER ON WHICH THESE SINGLE-MEMBER ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Bannister R. L. Brown Burns Clemmons Clyburn Cobb-Hunter Crosby Daning Delleney Dillard Douglas Duckworth Felder Fry Gilliard Goldfinch Hardee Henderson Hicks Hixon Hosey Howard Jefferson Johnson Jordan Limehouse Loftis Lucas McCoy M. S. McLeod Mitchell Murphy Nanney Ott Parks Putnam Riley Rivers Robinson-Simpson Rutherford Ryhal G. M. Smith Sottile Spires Stavrinakis Tallon Weeks Wells Whitmire Williams Yow
Those who voted in the negative are:
Bernstein Finlay Hill Pope Simrill J. E. Smith
So, the Bill was read the second time and ordered to third reading.
I was temporarily away from my desk and missed the vote on S. 863. Had I made it back to my desk in time to vote, I would not have supported this legislation. I do not represent Richland One School District, was not consulted by the Senators, and am not aware of what is in Richland One's best interests with this piece of local legislation.
Rep. Nathan Ballentine
The following Bill was taken up:
H. 5279 (Word version) -- Reps. Stavrinakis, McCoy, Merrill, Sottile, Daning, Gilliard, Limehouse, Crosby, Tinkler, Whipper and R. L. Brown: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE PROCEDURES CONCERNING THE ANNUAL DISTRICT BUDGET BY PROVIDING THE SCHOOL BOARD SHALL OBTAIN CERTIFICATION OF PROPERTY TAX REVENUE EXPECTED FOR THE BUDGET FROM THE COUNTY AUDITOR BEFORE THE BOARD MAY GIVE THE BUDGET SECOND READING, TO PROVIDE THAT WITHIN SIXTY DAYS FOLLOWING ENACTMENT OF THE ANNUAL STATE BUDGET, THE BOARD SHALL REVIEW AND, IF NEEDED TO AVOID OPERATING WITH A DEFICIT, AMEND THE ANNUAL DISTRICT BUDGET TO REFLECT FUNDS ACTUALLY APPROPRIATED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT BEFORE JANUARY FIRST ANNUALLY THE BOARD SHALL REVIEW THE STATUS OF ITS FISCAL YEAR REVENUES AND EXPENDITURES TO DETERMINE THE EXTENT TO WHICH, IF ANY, THE DISTRICT IS OPERATING WITH A DEFICIT, AND TO PROVIDE IF THE DISTRICT DETERMINES THAT IT IS OPERATING WITH A DEFICIT, IT MUST AMEND ITS BUDGET TO ELIMINATE THE DEFICIT WITHIN SIXTY DAYS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Bannister Bernstein Bingham Bowers Bradley R. L. Brown Burns Clemmons Cole Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Finlay Fry Gilliard Goldfinch Hardee Henegan Hicks Hixon Hodges Jefferson Johnson Jordan Kirby Knight Limehouse Loftis Long Lucas McCoy McEachern McKnight Mitchell Murphy Nanney Pope Putnam Ridgeway Rivers Robinson-Simpson Ryhal Simrill G. M. Smith Sottile Spires Stavrinakis Tallon Taylor Tinkler Weeks Wells Whipper White Williams Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. FINLAY a temporary leave of absence.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 5021 (Word version) -- Reps. Collins, Clary and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ADULT STUDENTS WITH DISABILITIES EDUCATIONAL RIGHTS CONSENT ACT" BY ADDING ARTICLE 3 TO CHAPTER 33, TITLE 59 SO AS TO PROVIDE PROCEDURES AND POLICIES THROUGH WHICH STUDENTS WHO ARE ELIGIBLE FOR SPECIAL EDUCATION UNDER THE INDIVIDUALS WITH DISABILITIES ACT AND WHO HAVE NOT BEEN DETERMINED TO BE INCAPACITATED IN PROBATE COURT MAY BE IDENTIFIED AS UNABLE TO PROVIDE INFORMED CONSENT WITH RESPECT TO HIS EDUCATIONAL PROGRAM AND DELEGATE THE AUTHORITY TO MAKE SUCH DECISIONS TO AN AGENT OR REPRESENTATIVE; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 33, TITLE 59 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS".
H. 5089 (Word version) -- Rep. Daning: A BILL TO AMEND SECTION 56-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE PROTECTION OF TITLES TO AND INTEREST IN MOTOR VEHICLES, SO AS TO ADD ADDITIONAL TERMS AND THEIR DEFINITIONS TO THIS SECTION; AND TO AMEND SECTION 56-19-265, AS AMENDED, RELATING TO LIENS RECORDED AGAINST MOTOR VEHICLES AND MOBILE HOMES, SO AS TO PROVIDE THAT A LIEN OR ENCUMBRANCE ON A MOTOR VEHICLE OR TITLED MOBILE HOME MUST BE NOTED ON THE PRINTED TITLE OR ELECTRONICALLY THROUGH THE DEPARTMENT OF MOTOR VEHICLES' ELECTRONIC TITLE AND LIEN SYSTEM, TO PROVIDE THAT THE TRANSMITTAL MUST BE DONE ELECTRONICALLY FOR BUSINESS ENTITIES, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT BUSINESS ENTITIES ARE SUBJECT TO CERTAIN FEES, TO PROVIDE THAT THE TRANSMITTAL AND RETRIEVAL OF DATA FEES ARE "OFFICIAL FEES", TO PROVIDE THAT CERTAIN BUSINESSES AND COMMERCIAL LIENHOLDERS MUST UTILIZE THE ELECTRONIC LIEN SYSTEM TO TRANSMIT AND RECEIVE ELECTRONIC LIEN INFORMATION, TO PROVIDE THE EFFECTIVE DATE AND LAPSE DATE FOR CERTAIN LIENS, TO PROVIDE THAT THE DEPARTMENT SHALL PUBLISH FORMS FOR THE PURPOSE OF FILING A LIEN CONTINUATION STATEMENT, AND TO PROVIDE THE PROCESS FOR FILING A LIEN CONTINUATION STATEMENT AND THE PERIOD FOR WHICH THE LIEN REMAINS IN EFFECT.
H. 5218 (Word version) -- Reps. Gilliard, Anderson, Limehouse, Mack, Hosey, Whipper and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-117 SO AS TO PROVIDE THAT THE MONTH OF MAY EVERY YEAR IS DECLARED "WATER SAFETY AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA; TO PROMOTE AN UNDERSTANDING OF WATER SAFETY PRACTICES AND THE CRITICAL IMPORTANCE OF WATER SAFETY IN AN EFFORT TO REDUCE DROWNING DEATHS AMONG CHILDREN IN THIS STATE; TO CREATE THE "WATER SAFETY AWARENESS IN SCHOOLS STUDY COMMITTEE"; TO EXAMINE THE ISSUE OF DROWNING DEATHS AMONG SCHOOL-AGED CHILDREN IN SOUTH CAROLINA; AND TO IDENTIFY A CURRICULUM TO PROVIDE SWIMMING INSTRUCTION IN OUR PUBLIC SCHOOLS AS A MEASURE TO HELP PREVENT CHILD DROWNING DEATHS.
H. 4416 (Word version) -- Reps. Felder, Pope, Merrill, Burns, V. S. Moss and Pitts: A BILL TO AMEND SECTION 6-1-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTIONS FROM IMPACT FEES, SO AS TO ADD EXEMPTIONS FOR CERTAIN SCHOOLS AND VOLUNTEER FIRE DEPARTMENTS.
H. 5011 (Word version) -- Reps. Clemmons, Fry, Johnson, Duckworth, Hardee, Anderson, Goldfinch, George, Hayes, H. A. Crawford and Ryhal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-980 SO AS TO PROVIDE FOR THE REIMPOSITION OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE.
H. 4765 (Word version) -- Reps. G. R. Smith, Parks, D. C. Moss, Cobb-Hunter, Jefferson, Duckworth, Daning, Kirby, R. L. Brown, Burns, Douglas, Brannon, Anthony, Mitchell, Ridgeway, Robinson-Simpson, Clyburn, Ryhal, Johnson, Yow, G. A. Brown, Riley, Taylor, Limehouse, Williams, Simrill, Bedingfield, Chumley, Dillard, Herbkersman, Hicks, Hill, Loftis, Long, V. S. Moss, Pope, Rivers, Thayer, Wells, Crosby and King: A BILL TO AMEND SECTION 12-6-5060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD HABITAT FOR HUMANITY.
H. 5009 (Word version) -- Reps. Cole, Tallon, Hicks, Brannon, Allison, Chumley, Clary, Forrester, Mitchell, King and W. J. McLeod: A BILL TO AMEND SECTION 12-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEXTILES COMMUNITIES REVITALIZATION INCOME TAX CREDIT, SO AS TO DELETE A PROVISION THAT LIMITS THE CREDIT TO FIFTY PERCENT OF CERTAIN LIABILITY.
H. 5034 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4320 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO ESTABLISH AN INFORMATIONAL CHARITABLE BINGO WEBPAGE ON ITS WEBSITE; TO AMEND SECTION 12-21-3920, RELATING TO DEFINITIONS FOR PURPOSES OF THE BINGO TAX ACT, SO AS TO REDEFINE "BUILDING"; TO AMEND SECTION 12-21-3940, RELATING TO APPLICATIONS FOR A BINGO LICENSE BY NONPROFIT ORGANIZATIONS AND PROMOTERS, SO AS TO EXTEND THE TIME BY WHICH THE DEPARTMENT MUST RESPOND; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROVIDE THE MANNER IN WHICH CERTAIN DEVICES MUST BE OPERATED; TO AMEND SECTION 12-21-4000, RELATING TO PROCEDURES APPLICABLE TO THE CONDUCT OF BINGO, SO AS TO INCREASE THE ALLOWANCE FOR PROMOTIONS; TO AMEND SECTION 12-21-4005, RELATING TO THE OPERATION OF BINGO GAMES, SO AS TO EXCLUDE CERTAIN RAFFLES; TO AMEND SECTION 12-21-4090, RELATING TO BINGO CHECKING AND SAVINGS ACCOUNTS, SO AS TO ALLOW THE PROMOTER TO MAKE CERTAIN CONTRIBUTIONS AND TO ALLOW FOR ELECTRONIC PAYMENTS; AND TO AMEND SECTION 12-21-4190 RELATING TO THE DISTRIBUTION OF BINGO REVENUES, SO TO INCREASE THE PERCENTAGE THAT IS DISTRIBUTED TO CHARITY.
H. 4762 (Word version) -- Reps. Anthony, Yow and W. J. McLeod: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON MILLAGE RATE INCREASES AND EXCEPTIONS TO THIS LIMITATION, SO AS TO REVISE THE EXCEPTION TO THIS LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT AND OTHER EXPENDITURES IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAVING AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND BY CHANGING THE TERM "STATE FOREST LAND" IN THIS EXCEPTION TO THE TERM "STATE OR NATIONAL FOREST LAND".
H. 4776 (Word version) -- Reps. Allison, Erickson, Crosby, Yow, Gagnon, Duckworth, Clary, Govan, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Daning, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Simrill, Tallon, Wells, W. J. McLeod, Kennedy, White and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 158 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION SCHOOL FACILITIES ACT" TO PROVIDE FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS IN ORDER TO ACQUIRE SCHOOL FACILITIES BY USING GENERAL OBLIGATION BONDS, AND OTHER FORMS OF ASSISTANCE, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DETERMINE AND SELECT ON A PRIORITY BASIS, QUALIFIED SCHOOL PROJECTS WHICH SHALL RECEIVE FINANCIAL ASSISTANCE FROM THE STATE, TO PROVIDE FOR THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AND STATE DEPARTMENT OF EDUCATION IN THIS REGARD, AND TO PROVIDE FOR OTHER RELATED PROVISIONS IN CONNECTION WITH THE CONSTRUCTION OR RENOVATION OF SCHOOL FACILITIES; AND TO REPEAL CHAPTER 146, TITLE 59 RELATING TO THE STATE SCHOOL FACILITIES BONDS ACT WHICH AUTHORIZED THE ISSUANCE OF SPECIFIC DOLLAR AMOUNTS OF STATE SCHOOL FACILITIES BONDS WITHIN A SPECIFIED TIME PERIOD.
H. 5077 (Word version) -- Rep. White: A BILL TO AMEND SECTION 6-25-113, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF BONDS BY A JOINT AUTHORITY WATER AND SEWER SYSTEM, SO AS TO ALLOW A LIEN TO BE PLACED ON THE AUTHORITY'S PROPERTY IN ACCORDANCE WITH THE REVENUE BOND ACT FOR UTILITIES.
H. 5078 (Word version) -- Reps. White and Cobb-Hunter: A BILL TO AMEND SECTION 4-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS LOCAL SALES AND USE TAXES, SO AS TO DEFINE "GENERAL ELECTION"; TO AMEND SECTIONS 4-10-330 AND 4-10-340, BOTH AS AMENDED, RELATING TO THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO PROVIDE THAT THE TAX MUST TERMINATE ON APRIL THIRTIETH OF AN ODD- OR EVEN-NUMBERED YEAR.
H. 5006 (Word version) -- Reps. Lucas, Pope, Merrill, Bradley, Finlay, Stringer, Norman, Ballentine, Felder, Mitchell, King and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-100 SO AS TO PROHIBIT LOBBYISTS AND PLACEMENT AGENTS FROM CONTACTING CERTAIN INDIVIDUALS CONNECTED WITH THE RETIREMENT SYSTEM INVESTMENT COMMISSION; TO AMEND SECTION 9-4-10, RELATING TO THE PUBLIC EMPLOYEE BENEFIT AUTHORITY, SO AS TO CLARIFY THE BOARD OF THE AUTHORITY IS THE SOLE GOVERNING BODY OF THE AUTHORITY, TO PROVIDE FOR A FIVE-YEAR TERM AND STAGGERED TERMS OF BOARD MEMBERS, TO PRESCRIBE MEETING REQUIREMENTS, TO PROVIDE FOR AN EXECUTIVE DIRECTOR, AND TO PROVIDE CERTAIN FIDUCIARY DUTIES; TO AMEND SECTION 9-16-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 9-16-315, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO ADD A GUBERNATORIAL APPOINTMENT TO THE COMMISSION, TO LIMIT A MEMBER TO TWO TERMS, TO PROVIDE FURTHER QUALIFICATIONS FOR MEMBERS, TO PROVIDE FOR AN EXECUTIVE DIRECTOR, AND TO ALLOW THE COMMISSION TO ENGAGE ATTORNEYS ON A FEE BASIS; TO AMEND SECTION 9-16-380, RELATING TO THE AUDIT OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO REQUIRE THE AUDIT FIRM BE SELECTED USING THE PROCUREMENT CODE; TO AMEND SECTION 9-16-340, AS AMENDED, RELATING TO THE INVESTMENT OF RETIREMENT SYSTEM FUNDS, SO AS TO REQUIRE A REDUCTION IN THE TOTAL AMOUNT OF FEES PAID; BY ADDING ARTICLE 4 TO CHAPTER 16, TITLE 9 SO AS TO ESTABLISH THE REVIEW AND OVERSIGHT COMMISSION ON THE RETIREMENT SYSTEM INVESTMENT COMMISSION, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE FOR ITS SCREENING DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE ASSETS OF THE RETIREMENT SYSTEM AND INVESTMENT OF RETIREMENT SYSTEM FUNDS, SO AS TO REQUIRE THE PUBLIC EMPLOYEE BENEFIT AUTHORITY TO HOLD THE ASSETS OF THE RETIREMENT SYSTEM IN A GROUP TRUST, AND TO PROHIBIT INVESTMENTS IN CERTAIN MONEY MORTGAGES AND REAL ESTATE INVESTMENT TRUSTS; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO THE LIST OF OFFICERS OR ENTITIES THE GOVERNING BOARD OF WHICH MAY BE REMOVED BY THE GOVERNOR ONLY FOR CERTAIN REASONS CONSTITUTING CAUSE.
H. 5007 (Word version) -- Reps. Lucas, Pope, Merrill, Bradley, Finlay, Stringer, Norman, Ballentine, Felder, Mitchell, King and W. J. McLeod: A BILL TO AMEND SECTION 9-16-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSUMED RATE OF RETURN FOR RETIREMENT SYSTEM FUNDS, SO AS TO PROVIDE THAT THE ASSUMED RATE OF RETURN EXPIRES EVERY FOUR YEARS UNLESS ACTION IS TAKEN BY THE GENERAL ASSEMBLY, AND IF NOT, THE RATE IS SET BY THE STATE FISCAL ACCOUNTABILITY AUTHORITY; AND TO AMEND SECTION 9-1-1085, RELATING TO EMPLOYER AND EMPLOYEE CONTRIBUTION RATES FOR PURPOSES OF THE RETIREMENT SYSTEM, SO AS TO REDUCE THE AMORTIZATION SCHEDULE FROM THIRTY YEARS TO TWENTY YEARS.
H. 4547 (Word version) -- Reps. Rutherford, Hosey and Alexander: A BILL TO AMEND SECTION 63-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "CHILD" AND "JUVENILE" IN THE JUVENILE JUSTICE CODE, SO AS TO CHANGE THE AGE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, WITH EXCEPTIONS; TO AMEND SECTIONS 63-19-1030, 63-19-1210, 63-19-1410, 63-19-1420, 63-19-1440, AS AMENDED, 63-19-1650, AND 63-19-2050, AS AMENDED, ALL RELATING TO JUVENILE JUSTICE, SO AS TO MAKE CONFORMING CHANGES.
H. 4387 (Word version) -- Reps. Bamberg, Henegan, Clyburn, Pitts, Cobb-Hunter and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-245 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT REQUIRE ITS OFFICERS TO ISSUE A SPECIFIC AMOUNT OR MEET A QUOTA FOR THE NUMBER OF CITATIONS THEIR OFFICERS ISSUE DURING A DESIGNATED PERIOD OF TIME, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT COMPARE THE NUMBER OF CITATIONS ISSUED BY ITS OFFICERS FOR THE PURPOSE OF EVALUATING AN OFFICER'S JOB PERFORMANCE, TO PROVIDE THAT "POINT OF CONTACT" MAY BE USED TO EVALUATE AN OFFICER'S PERFORMANCE, TO PROVIDE THAT AN EMPLOYEE WHO FILES A REPORT THAT ALLEGES A VIOLATION OF THIS SECTION IS PROTECTED BY THE "WHISTLE BLOWER ACT", AND TO PROVIDE DEFINITIONS.
H. 4546 (Word version) -- Reps. Putnam, Clyburn, Robinson-Simpson, Thayer, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Jordan, Hicks, McCoy, M. S. McLeod, Douglas, Henegan, Allison, Quinn, Funderburk, Finlay, Jefferson, Willis and Bedingfield: A BILL TO AMEND SECTION 63-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO ADD DEFINITIONS FOR "AGE-APPROPRIATE ACTIVITY", "CAREGIVER", AND "STANDARD OF CARE OF A REASONABLE AND PRUDENT PARENT"; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO PROVIDE FOR COURT CONSIDERATION OF LOCAL FOSTER CARE REVIEW BOARD RECOMMENDATIONS, TO REQUIRE THE COURT TO TAKE INTO CONSIDERATION RECOMMENDATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, THE LOCAL FOSTER CARE REVIEW BOARD, AND THE GUARDIAN AD LITEM BEFORE APPROVING A PLACEMENT PLAN, AND TO REQUIRE THE COURT TO REVIEW THE DEPARTMENT'S EFFORTS TO ENSURE A FOSTER CHILD HAS THE OPPORTUNITY TO ENGAGE IN AGE-APPROPRIATE ACTIVITIES; TO AMEND SECTION 63-7-2310, RELATING TO THE FOSTER CARE SYSTEM, SO AS TO REQUIRE THE DEPARTMENT TO MAKE EFFORTS TO NORMALIZE THE LIVES OF CHILDREN IN FOSTER CARE BY ENABLING PARTICIPATION IN AGE-APPROPRIATE ACTIVITIES; TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO CHANGE THE FREQUENCY WITH WHICH THESE BOARDS MUST REVIEW CASES OF CHILDREN IN FOSTER CARE AND CERTAIN REPORTING REQUIREMENTS; TO AMEND SECTION 63-11-750, RELATING THE FOSTER CARE REVIEW BOARD'S RIGHT TO PARTICIPATE IN CHILD ABUSE AND NEGLECT JUDICIAL PROCEEDINGS, SO AS TO ALLOW THE BOARD TO INTRODUCE, EXAMINE, AND CROSS-EXAMINE WITNESSES; AND FOR OTHER PURPOSES.
H. 4835 (Word version) -- Reps. Erickson, Johnson, Delleney, Loftis, Finlay, Brannon, M. S. McLeod, Pope, Thayer, Long, Atwater, Knight, McCoy, Henegan, Douglas, Allison, Goldfinch, Gambrell, Newton, Riley, Collins, Clemmons, Duckworth, Funderburk, Gagnon, Henderson, Hicks, D. C. Moss and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 15, TITLE 63 SO AS TO ENACT THE "SUPPORTING AND STRENGTHENING FAMILIES ACT" TO ALLOW PARENTS AND PERSONS WITH LEGAL CUSTODY OF A CHILD TO DELEGATE CAREGIVING AUTHORITY FOR THE CHILD TEMPORARILY TO AN ADULT BY EXECUTION OF A POWER OF ATTORNEY, TO PROVIDE FOR THE REQUIREMENTS AND LIMITATIONS OF THE DELEGATION OF CAREGIVING AUTHORITY AND THE RIGHT TO REVOKE THE POWER OF ATTORNEY, AND FOR OTHER PURPOSES; TO AMEND SECTION 63-7-920, AS AMENDED, RELATING TO INVESTIGATIONS OF SUSPECTED CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CERTAIN INFORMATION ABOUT COMMUNITY SUPPORTIVE SERVICES TO A PARENT WHEN THE INVESTIGATION DOES NOT RESULT IN PLACEMENT OF THE CHILD OUTSIDE OF THE HOME; AND TO AMEND SECTION 63-13-20, RELATING TO THE DEFINITION OF A CHILDCARE FACILITY, SO AS TO EXCLUDE AN ADULT DESIGNATED AS AN ATTORNEY-IN-FACT FOR A CHILD IN A POWER OF ATTORNEY EXECUTED PURSUANT TO ARTICLE 7, CHAPTER 15, TITLE 63.
H. 3449 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 50-13-675, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONGAME FISHING DEVICES AND GEAR THAT ARE PERMITTED TO BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE RECREATIONAL LICENSES FOR THE USE OF HOOP NETS ALONG THE WATEREE RIVER.
H. 4215 (Word version) -- Reps. Finlay, McCoy, Delleney, Lucas, Newton, Pitts, Limehouse, Loftis and Burns: A BILL TO AMEND SECTION 48-39-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF PERMITS TO ALTER CRITICAL AREAS, SO AS TO ENACT THE "MANAGED TIDAL IMPOUNDMENT PRESERVATION ACT", BY EXEMPTING PROPERTY THAT IS DEEMED ELIGIBLE UNDER A UNITED STATES ARMY CORP OF ENGINEERS' GENERAL PERMIT FROM PERMITTING REQUIREMENTS IN CERTAIN CIRCUMSTANCES AND GRANTING ENFORCEMENT AUTHORITY TO THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
H. 4728 (Word version) -- Reps. Long, Erickson, Douglas, Ridgeway, Hixon, Jefferson, Whitmire, Tallon, Daning, Anthony, Hiott, Ballentine, Allison, Bowers, Spires, W. J. McLeod, Williams, Bales, Nanney, Knight, Southard, V. S. Moss, Gagnon, Willis, Huggins, Corley, Taylor, Herbkersman, King, Felder, Hicks, Loftis, Simrill, Pope, Riley, McCoy, Henderson, Hosey, D. C. Moss and Brannon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 44 TO ENACT THE "EYE CARE CONSUMER PROTECTION LAW" SO AS TO ESTABLISH REQUIREMENTS FOR A PERSON WHO SELLS SPECTACLES OR CONTACT LENSES USING REFRACTIVE DATA OR INFORMATION GENERATED BY AN AUTOMATED TESTING DEVICE.
The SPEAKER granted Rep. ANTHONY a temporary leave of absence.
The following Bill was taken up:
H. 3084 (Word version) -- Reps. Jefferson, Southard, McKnight, Weeks, Whipper, Robinson-Simpson, Mitchell and W. J. McLeod: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF THE ABSENTEE BALLOT APPLICANT, SO AS TO ELIMINATE THE REQUIREMENT THAT THE ABSENTEE BALLOT APPLICANT'S OATH BE WITNESSED.
The Committee On Judiciary proposed the following Amendment No. 1 to H. 3084 (COUNCIL\GGS\3084C005.GGS.ZW16), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-35. The authority charged by law with conducting an election must shall publish two notices of general, municipal, special, and primary elections held in the county in a newspaper of general circulation in the county or municipality, as appropriate. Included in each notice must be a reminder of the last day persons a person may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, the location of the polling places in each of the precincts, and notification that the process of examining the return-addressed envelopes containing absentee ballots may begin at 2:00 p.m. on 9:00 a.m. on the day immediately prior to election day at a place designated in the notice by the authority charged with conducting the election. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice."
SECTION 2. Section 7-15-420 of the 1976 Code, as last amended by Act 284 of 2006, is further amended to read:
"Section 7-15-420. The county board of voter registration and elections, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 9:00 a.m. on election day on the calendar day immediately preceding election day, the managers appointed pursuant to Section 7-5-10, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county board of voter registration and elections making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county board of voter registration and elections before the time for closing the polls must be examined in this manner. A ballot may not be counted unless the oath is properly signed and witnessed nor may any a ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls. The printed instructions required by Section 7-15-370(2), to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. Beginning at 9:00 a.m. on election day the calendar day immediately preceding election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any a ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in pursuant to Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. QUINN proposed the following Amendment No. 2 to H. 3084 (COUNCIL\GGS\3084C006.GGS.ZW16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-35. The authority charged by law with conducting an election must publish two notices of general, municipal, special, and primary elections held in the county in a newspaper of general circulation in the county or municipality, as appropriate. Included in each notice must be a reminder of the last day persons may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, the location of the polling places in each of the precincts, and notification that the process of examining the return-addressed envelopes containing absentee ballots may begin at 2:00 p.m. on 9:00 a.m. on the day immediately prior to election day at a place designated in the notice by the authority charged with conducting the election. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice."
SECTION 2. Section 7-15-420 of the 1976 Code, as last amended by Act 284 of 2006, is further amended to read:
"Section 7--15-420. The county board of voter registration and elections, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 9:00 a.m. on election day the calendar day immediately preceding election day, the managers appointed pursuant to Section 7-5-10, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county board of voter registration and elections making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county board of voter registration and elections before the time for closing the polls must be examined in this manner. A ballot may not be counted unless the oath is properly signed and witnessed nor may any a ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls. The printed instructions required by Section 7-15-370(2), to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. Beginning at 9:00 a.m. on election day the calendar day immediately preceding election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any a ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed." /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Rep. FINLAY proposed the following Amendment No. 3 to H. 3084 (COUNCIL\GGS\3084C007.GGS.ZW16), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 7-15-420 of the 1976 Code, as last amended by Act 284 of 2006, is further amended to read:
"Section 7-15-420. The county board of voter registration and elections, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 9:00 a.m. on election day the calendar day immediately preceding election day, the managers appointed pursuant to Section 7-5-10, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county board of voter registration and elections making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county board of voter registration and elections before the time for closing the polls must be examined in this manner. Before the counting of absentee ballots may begin, the county board of voter registrations and elections shall disclose the number of absentee ballots to be counted. The number of absentee ballots to be counted may increase only if additional absentee ballots are received due to emergency hospital admission pursuant to the provisions of Section 7-15-330, and a new total must be disclosed. A ballot may not be counted unless the oath is properly signed and witnessed nor may any a ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls. The printed instructions required by Section 7-15-370(2), to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. Beginning at 9:00 a.m. on election day the calendar day immediately preceding election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any a ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed." /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atwater Bales Ballentine Bamberg Bannister Bernstein Bingham Brannon R. L. Brown Burns Clary Clemmons Clyburn H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Funderburk Gambrell George Goldfinch Govan Hardee Hart Henderson Henegan Herbkersman Hicks Hiott Hixon Hosey Huggins Jefferson Johnson Jordan Kennedy King Limehouse Loftis Long Lucas McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Nanney Newton Norman Ott Pitts Pope Quinn Ridgeway Rivers Robinson-Simpson Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Tinkler Weeks Wells Whipper Williams Willis
Those who voted in the negative are:
Bedingfield Bradley Chumley Corley Gagnon Hill Hodges Murphy Putnam Stringer White Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. NEWTON moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 4970 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1040 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SIGNS ALONG THE STATE'S INTERSTATE HIGHWAYS THAT INFORM MOTORISTS THAT CERTAIN VEHICLES MUST TRAVEL IN THE FARTHEST RIGHT LANE, AND TO PROVIDE A PENALTY.
Rep. DANING proposed the following Amendment No. 1 to H. 4970 (COUNCIL\GT\4970C001.GT.CM16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-1040. (A) The Department of Transportation shall periodically broadcast on variable message boards along the state's interstate highways information messages that inform motorists traveling in slower moving vehicles that they must travel in the farthest right lane in either direction along all multilane portions of highway where appropriate.
(B) A motorist who violates this provision may be fined one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DANING explained the amendment.
The amendment was then adopted.
Rep. ATWATER proposed the following Amendment No. 2 to H. 4970 (COUNCIL\MS\4970C001.MS.AHB16), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions,
or speeding:
(1) No more than 10 m.p.h. above
the posted limits 2
(2) More than 10 m.p.h. but less
than 25 m.p.h. above the
posted limits 4
(3) 25 m.p.h. or above the posted
limits 6
Disobedience of any official traffic
control device 4
Disobedience to officer
directing traffic 4
Failing to yield right of way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within safety
zone 4
Failing to give signal or giving improper signal
for stopping, turning, or suddenly decreased speed 4
Shifting lanes without safety
precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe
condition 2
Driving in improper lane 2"
B. Section 56-5-2150 of the 1976 Code is amended to read:
"Section 56-5-2150. (a)(A) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal as provided for in this section.
(b)(B) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
(c)(C) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(d)(D) The signals required on vehicles by subsection (b)(B) of Section 56-5-2180, shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or 'do pass' signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
(E) A person who violates the provisions of this section must be fined twenty-five dollars, all or part of which may not be suspended. In addition no court costs, assessments, surcharges, or points may be assessed against the person or his driving record."
C. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. /
Renumber sections to conform.
Amend title to conform.
Rep. ATWATER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Bales Ballentine Bamberg Bannister Bedingfield Bingham Bowers Bradley Brannon R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardee Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Limehouse Loftis Long Lucas McCoy McEachern McKnight M. S. McLeod W. J. McLeod Mitchell D. C. Moss Murphy Nanney Newton Norman Norrell Ott Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The following Concurrent Resolution was read:
S. 1198 (Word version) -- Senators Peeler, Alexander, Hayes, Scott and Rankin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 27, 2016, AT NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 2016, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES, TO ELECT MEMBERS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE APPELLATE PANEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE OR WHOSE TERMS OTHERWISE MUST BE FILLED; AND TO ESTABLISH PROCEDURES REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT recognized Senator Peeler, on behalf of the Screening Committee for State Colleges and Universities Boards of Trustees.
THE CITADEL
AT-LARGE, ONE SEAT
The PRESIDENT announced that nominations were in order for the At-Large Seat.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Lauren Fleming Melton and Dylan Goff had been screened, found qualified.
Senator Peeler stated that Lauren Fleming Melton had withdrawn from the race and placed the name of the remaining candidate, Dylan W. Goff, in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Dylan W. Goff was duly elected for the term prescribed by law.
AT-LARGE, THREE SEATS
The PRESIDENT announced that nominations were in order for the Three At-Large Seats.
Senator Peeler, on behalf of the Joint Screening Committee, stated that, Ronald D. Lee, Louis B. Lynn, and Robert L. Peeler had been screened, found qualified, and placed their names in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Ronald D. Lee, Louis B. Lynn, and Robert L. Peeler were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Senator Peeler, on behalf of the Joint Screening Committee, stated that L. Cherry Daniel had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, L. Cherry Daniel was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Brian Jeffrey Stern had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Brian Jeffrey Stone was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Edward L. Thomas, Jr., had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Edward L. Thomas, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Renee Romberger had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Renee Romberger was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Robert M. "Laurin" Burch III and Michael Todd Warrick had been screened, found qualified.
Senator Peeler stated that Robert M. "Laurin" Burch III had withdrawn from the race and placed the name of the remaining candidate, Michael Todd Warrick, in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Michael Todd Warrick was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Ricci Land Welch had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Ricci Land Welch was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District, Seat 14.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Penelope S. Rosner had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Penelope S. Rosner was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 16.
Senator Peeler, on behalf of the Joint Screening Committee, stated that David Mikell Hay had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, David Mikell Hay was duly elected for the term prescribed by law.
SECOND CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Benjamin I. Duncan II had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Benjamin I. Duncan II was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 3.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Patricia Hartung had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Patricia Hartung was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 4.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Jody Bryson had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Jody Bryson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District, Seat 7.
Senator Peeler, on behalf of the Joint Screening Committee, stated that George C. McIntyre had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, George C. McIntyre was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 9.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Mary M. Finklea and Karen A. Leatherman had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called to roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mary M. Finklea:
Bright
The following named Senators voted for Karen A. Leatherman:
Alexander Allen Bennett Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Fair Grooms Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Massey Matthews, John Matthews, Margie McElveen Nicholson Peeler Reese Sabb Scott Setzler Shealy Thurmond Turner Verdin Williams Young
On the motion of Rep. HIXON, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mary M. Finklea:
Bedingfield Burns Chumley Clary Collins Daning Hill Loftis Norman Stringer
The following named Representatives voted for Karen A. Leatherman:
Alexander Allison Anderson Bales Ballentine Bamberg Bannister Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Delleney Dillard Duckworth Erickson Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardee Hayes Henderson Henegan Herbkersman Hicks Hixon Hodges Hosey Howard Huggins Jefferson Jordan Kennedy King Kirby Limehouse Lowe Lucas McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Murphy Neal Newton Norrell Ott Parks Pitts Quinn Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith Sottile Spires Tallon Taylor Tinkler Weeks Wells Whipper White Whitmire Williams Yow
Total number of Senators voting 39
Total number of Representatives voting 98
Grand Total 137
Necessary to a choice 69
Of which Mary M. Finklea received 11
Of which Karen A. Leatherman received 126
Whereupon, the PRESIDENT announced that Karen A. Leatherman was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 11.
Senator Peeler, on behalf of the Joint Screening Committee, stated that H. Randall Dozier had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, H. Randall Dozier was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 15.
Senator Peeler, on behalf of the Joint Screening Committee, stated that William W. Coleman, Jr., had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, William W. Coleman, Jr., was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 1.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Cary C. Corbitt had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Cary C. Corbitt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Angela G. Strickland had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Angela G. Strickland was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 3.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Linda Dolny had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Linda Dolny was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 4.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Jack W. Lawrence had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Jack W. Lawrence was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 5.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Hester Booker and S. Anne Walker had been screened and found qualified.
Senator Peeler stated that Hester Booker had withdrawn from the race and placed the name of the remaining candidate, S. Anne Walker, in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, S. Anne Walker was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 6.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Robert F. Sabalis had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Robert F. Sabalis was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District, Seat 7.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Catherine Frederick had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Catherine Frederick was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, LAY MEMBER
The PRESIDENT announced that nominations were in order for the First Congressional District, Lay Member.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Michael Stavrinakis had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Michael Stavrinakis was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Lay Member.
Senator Peeler, on behalf of the Joint Screening Committee, stated that William H. Bingham, Sr. had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, William H. Bingham, Sr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Lay Member.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Charles W. Schulze had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Charles W. Schulze was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Medical Member.
Senator Peeler, on behalf of the Joint Screening Committee, stated that David Mitchell and Charles Thomas, Jr., had been screened and found qualified.
Senator Peeler stated that David Mitchell had withdrawn from the race and placed the name of the remaining candidate, Charles Thomas, Jr., in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Charles Thomas, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Medical Member.
Senator Peeler, on behalf of the Joint Screening Committee, stated that G. Murrell Smith had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, G. Murrell Smith was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Medical Member.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Barbara Johnson-Williams had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Barbara Johnson-Williams was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District, Medical Member.
Senator Peeler, on behalf of the Joint Screening Committee, stated that E. Conyers O'Bryan had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, E. Conyers O'Bryan was duly elected for the term prescribed by law.
SECOND JUDICIAL CIRCUIT
The PRESIDENT announced that nominations were in order for the Second Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated Miles Loadholt had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Miles Loadholt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated Eugene P. Warr, Jr., had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Eugene P. Warr, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated Hubert F. "Hugh" Mobley had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Hubert F. "Hugh" Mobley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Eighth Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated A. C. "Bubba" Fennell III had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, A. C. "Bubba" Fennell III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Tenth Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated Donald L. "Chuck" Allen had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Donald L. "Chuck" Allen was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourteenth Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated William W. Jones, Jr., had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, William W. Jones, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifteenth Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated James E. Burroughs had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, James E. Burroughs was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixteenth Judicial Circuit.
Senator Peeler, on behalf of the Joint Screening Committee, stated Leah B. Moody had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Leah B. Moody was duly elected for the term prescribed by law.
THIRD CONGRESSIONAL DISTRICT, SEAT 3
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 3.
Senator Peeler, on behalf of the Joint Screening Committee, stated Janet R. Smalley had been screened, found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Janet R. Smalley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 4.
Senator Peeler, on behalf of the Joint Screening Committee, stated Shane Duncan had been screened, found qualified, and placed his name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Shane Duncan was duly elected for the term prescribed by law.
ONE AT-LARGE SEAT
The PRESIDENT announced that nominations were in order for One At-Large Seat.
Senator Peeler, on behalf of the Joint Screening Committee, stated that Angela Hanyak had been screened and found qualified, and placed her name in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Angela Hanyak was duly elected for the term prescribed by law.
THREE AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for three At-Large Seats.
Senator Peeler, on behalf of the Joint Screening Committee, stated Doris M. Adams, Bryan B. England, and Reginald J. Thomas had been screened, found qualified, and placed their names in nomination.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, Doris M. Adams, Bryan B. England, and Reginald J. Thomas were duly elected for the term prescribed by law.
The PRESIDENT recognized Senator Alexander, Chairman of the Department of Employment and Workforce Review Committee.
Sen. Alexander, on behalf of the Committee to Review Candidates for the Department of Employment and Workforce Appellate Panel, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Evelyn Belicia Ayers, Seat 1; Tim Dangerfield, Seat 2; and Steve Kelly, Seat 3.
On the motion of Senator Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, Evelyn Belicia Ayers, Seat 1; Tim Dangerfield, Seat 2; and Steve Kelly, Jr., Seat 3 were duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
I abstained from the vote on the election of the Board of Trustees of the Medical University of South Carolina, for the 1st Congressional District, due to a potential conflict of interest in having a family member as a candidate.
Rep. Leon Stavrinakis
I hereby abstain from voting on the 5th Congressional election of the Board of Trustees of the Medical University of South Carolina, due to a potential conflict of interest.
Rep. G. Murrell Smith
At 12:48 p.m. the House resumed, the SPEAKER in the Chair.
Rep. POPE moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. COLE a leave of absence for the remainder of the day.
The SPEAKER granted Rep. ATWATER a leave of absence for the remainder of the day.
The SPEAKER granted Rep. GAGNON a leave of absence for the remainder of the day.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HAYES moved that the House recur to the morning hour, which was agreed to.
The following was received:
April 27, 2016
The Honorable James H. Lucas
Speaker of the House of Representatives
506 Blatt Building
Columbia, South Carolina 29201
Dear Mr. Speaker,
Please allow this letter to serve as confirmation of my intent to resign my position with the House of Representatives. I hereby tender my resignation to the South Carolina House of Representatives, effective immediately.
Sincerely,
Edward "Eddy" Southard
Received as information.
The following Bill was taken up:
H. 5270 (Word version) -- Reps. Tallon, Bernstein and Pope: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR STATE EMPLOYEES' ASSOCIATION DUES, SO AS TO ALLOW MEMBERSHIP DUES FOR THE SOCIETY OF FORMER AGENTS OF THE STATE LAW ENFORCEMENT DIVISION TO BE DEDUCTED FROM THE COMPENSATION OF STATE RETIREES AND PAID OVER TO THE ASSOCIATION IN THE SAME MANNER OTHER MEMBERSHIP DUES ARE DEDUCTED AND PAID.
Rep. TALLON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bales Ballentine Bannister Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Chumley Clary Clemmons Clyburn Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Felder Finlay Forrester Fry Funderburk George Gilliard Goldfinch Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Johnson Jordan Kennedy Kirby Knight Loftis Long Lucas McCoy McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss Nanney Newton Norman Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers Ryhal Sandifer G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Tinkler Wells Whipper Williams Willis
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5118 (Word version) -- Reps. Herbkersman and Newton: A BILL TO AMEND SECTION 56-2-105, AS AMENDED, RELATING TO THE ISSUANCE OF GOLF CART DECALS, THE REGISTRATION OF GOLF CARTS, AND THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT CERTAIN MUNICIPALITIES AND COUNTIES MAY ADOPT ORDINANCES THAT ALLOW GOLF CARTS TO BE OPERATED AT NIGHT.
Rep. HERBKERSMAN proposed the following Amendment No. 1 to H. 5118 (COUNCIL\MS\5118C002.MS.AHB16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-2-105 of the 1976 Code, as last amended by Act 86 of 2015, is further amended to read:
"Section 56-2-105. (A) For the purposes of this section, 'gated community' means any homeowners' community with at least one access-controlled ingress and egress which includes the presence of a guard house, a mechanical barrier, or another method of controlled conveyance.
(B) An individual or business owner of a vehicle commonly known as a golf cart may obtain a permit decal and registration from the Department of Motor Vehicles upon presenting proof of ownership and liability insurance for the golf cart and upon payment of a five dollar fee.
(1) During daylight hours only, a permitted golf cart may be operated within four miles of the address on the registration certificate and only on a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less.
(2) During daylight hours only, a permitted golf cart may be operated within four miles of a point of ingress and egress to a gated community and only on a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less.
(3) During daylight hours only, within four miles of the registration holder's address, and while traveling along a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less, a permitted golf cart may cross a highway or street at an intersection where the highway has a posted speed limit of more than thirty-five miles an hour.
(4) During daylight hours only, a permitted golf cart may be operated along a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less on an island not accessible by a bridge designed for use by automobiles.
(C) A person operating a permitted golf cart must be at least sixteen years of age and hold a valid driver's license. The operator of a permitted golf cart being operated on a highway or street must have in his possession:
(1) the registration certificate issued by the department;
(2) proof of liability insurance for the golf cart; and
(3) his driver's license.
(D)(1) A golf cart permit must be replaced with a new permit every five years, or at the time the permit holder changes his address.
(2) Golf cart owners holding golf cart permits on or before October 1, 2012, will have until September 30, 2015, to obtain a replacement permit.
(E)(1) A political subdivision may, on designated streets or roads within the political subdivision's jurisdiction, reduce the area in which a permitted golf cart may operate from four miles to no less than two miles.
(2) A political subdivision may, on primary highways, secondary highways, streets, or roads within the political subdivision's jurisdiction, create separate golf cart paths on the shoulder of its primary highways, secondary highways, streets and roads for the purpose of golf cart transportation, if:
(a) the political subdivision obtains the necessary approvals, if any, to create the golf cart paths; and
(b) the golf cart path is:
(i) separated from the traffic lanes by a hard concrete curb;
(ii) separated from the traffic lanes by parking spaces; or
(iii) separated from the traffic lanes by a distance of four feet or more.
(3) A political subdivision may not reduce or otherwise amend the other restrictions placed on the operation of a permitted golf cart contained in this section.
(F) The provisions of this section that restrict the use of a golf cart to certain streets, certain hours, and certain distances shall not apply to a golf cart used by a public safety agency in connection with the performance of its duties.
(G) Notwithstanding the provisions contained in subsection (B):
(1) a municipality located within a county that has a barrier island may adopt an ordinance that provides for the operation of a golf cart at night if it is equipped with working headlights and rear lights; and
(2) a county that has a barrier island may adopt an ordinance that provides for the operation of a golf cart in certain areas of the county at night if it is equipped with working headlights and rear lights."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bales Ballentine Bannister Bernstein Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Collins H. A. Crawford Crosby Delleney Douglas Duckworth Forrester Fry Funderburk George Goldfinch Hamilton Hardee Hayes Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Long Lucas McCoy McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss Nanney Newton Norman Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Tinkler Wells Whipper White Whitmire Williams Willis
Those who voted in the negative are:
Gilliard
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 5118. If I had been present, I would have voted in favor of the Bill.
Rep. Jeff Bradley
The following Bill was taken up:
H. 5172 (Word version) -- Reps. Fry, Henegan, Erickson, Long, Funderburk, Bernstein, Allison, Nanney, Robinson-Simpson, Norrell, Tinkler, H. A. Crawford, Cobb-Hunter, Ott, M. S. McLeod, Thayer, Whitmire, Johnson, Felder, Hardee, Goldfinch, Lowe, Jordan, Sandifer, Yow, Hill, Finlay, Gagnon, Jefferson, Williams, Knight, Govan, Rivers, Herbkersman, Bales, Ridgeway, Henderson, Duckworth, Dillard, Huggins, Atwater, Hicks, Gilliard, G. A. Brown, Whipper and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-2110 SO AS TO ENACT THE "SAFE HARBOR FOR EXPLOITED MINORS ACT", TO PROVIDE FOR PROTECTION OF THE IDENTITY OF MINOR VICTIMS OF TRAFFICKING IN PERSONS AND PROVIDE CERTAIN PROTECTIONS TO MINORS CHARGED WITH CERTAIN CRIMES INVOLVING PROSTITUTION AND COERCED INVOLVEMENT IN SUCH CRIMES, AMONG OTHER THINGS.
Rep. FRY proposed the following Amendment No. 1 to H. 5172 (COUNCIL\DKA\5172C001.DKA.SA16), which was adopted:
Amend the bill, as and if amended, beginning on page 1 and line 21, by striking the bill in its entirety and inserting:
/ Whereas, the General Assembly finds that:
(1) minors under the age of eighteen residing in or visiting this State engaging in commercial sexual acts or sex trafficking may be victims of a crime and, if victims, enjoy the protection and resources of the State of South Carolina; and
(2) minors who qualify for the protection of this act should be protected from criminal and civil liability including immunity from prosecution. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Safe Harbor for Exploited Minors Act".
SECTION 2. Article 19, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-2110. (A) In a prosecution involving a minor victim of trafficking in persons, an officer or employee of the court may not disclose the identity of the victim of trafficking in persons to the public. All records revealing the name of the victim of trafficking in persons are not open to public inspection or subject to disclosure pursuant to Chapter 4, Title 30, the Freedom of Information Act.
(B) A minor under the age of eighteen who is charged with a violation pursuant to Section 16-15-90, is entitled to a hearing to determine whether the minor is immune from prosecution. If the judge determines, by a preponderance of the evidence, that the minor violated Section 16-15-90, as the result of coercion and duress from a third person, the minor is immune from criminal prosecution. The degree of coercion must be of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. The fear of death or harm must be reasonable.
(C) A minor under the age of eighteen who is charged with violating a trespassing, loitering, obstruction of highway, disorderly conduct, or simple possession of a controlled substance statute as a direct result of being a victim of sex trafficking, when the violation is his or her first offense, is eligible to apply for a pre-trial diversion program. If the minor is accepted and successfully completes the diversionary program, the charges must be expunged pursuant to other provisions of law.
(D) A law enforcement agency may use standard procedures for investigating prostitution involving minors under the age of eighteen, but must timely contact the Department of Social Services when a minor under the age of eighteen is being prostituted or trafficked, or is charged with prostitution or related offenses.
(E) The provisions of this section do not extend to a minor under the age of eighteen who induces, encourages, facilitates, or enables in anyway the sexual exploitation of another person.
(F) Residence of a victim of trafficking in persons in a shelter or other facility is voluntary, and a victim of trafficking in persons may decline to stay in a shelter or other facility.
(G) Admission to a shelter:
(1) must be made without regard to race, religion, ethnic background, sexual orientation, country of origin, or culture; and
(2) may not be conditioned on whether the victim of trafficking in persons is cooperating with a law enforcement agency in its attempts to prosecute persons pursuant to this article."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bales Ballentine Bannister Bernstein Bowers Bradley Brannon R. L. Brown Burns Clary Clemmons Clyburn Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Felder Forrester Fry Funderburk George Gilliard Goldfinch Hamilton Hardee Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Huggins Kennedy King Kirby Knight Loftis Long Lucas McCoy McKnight M. S. McLeod W. J. McLeod Merrill Mitchell Nanney Newton Norman Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Tinkler Wells Whipper Whitmire Willis
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3229 (Word version) -- Reps. Merrill, Stavrinakis, McCoy, G. R. Smith and Bales: A BILL TO AMEND SECTIONS 61-6-1140 AND 61-6-1150, BOTH RELATED TO TASTINGS AND RETAIL SALES OF ALCOHOLIC LIQUORS AT LICENSED PREMISES OF A MICRO-DISTILLERY OR MANUFACTURER, SO AS TO REVISE THE OUNCE AMOUNT OF ALCOHOLIC LIQUORS DISPENSED AT LICENSED PREMISES AND TO REVISE THE SALE AT RETAIL OF ALCOHOLIC LIQUORS AT LICENSED PREMISES AND TO ALLOW MIXERS TO BE USED IN TASTINGS.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. MCCOY moved to waive Rule 5.10, pursuant to Rule 5.15
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bales Ballentine Bamberg Bannister Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Clemmons Clyburn Cobb-Hunter Crosby Douglas Duckworth Erickson Finlay Fry Funderburk George Gilliard Hardee Henegan Herbkersman Hill Hixon Jefferson Johnson Jordan King Kirby Knight Long Lucas McCoy McKnight M. S. McLeod Merrill Mitchell D. C. Moss Norman Norrell Ott Pope Putnam Ridgeway Rivers Robinson-Simpson Ryhal Sandifer G. M. Smith J. E. Smith Sottile Stavrinakis Taylor Tinkler Weeks Wells Whipper White Whitmire Williams
Those who voted in the negative are:
Allison Burns Chumley Clary Collins Delleney Felder Forrester Hamilton Hayes Henderson Hicks Hiott Hodges Hosey Huggins Kennedy Loftis Nanney Quinn Riley G. R. Smith Spires Stringer Tallon Thayer Willis
So, Rule 5.10 was waived, pursuant to Rule 5.15.
Reps. HIOTT, LOFTIS, BURNS, G. R. SMITH, HAMILTON, KENNEDY, QUINN, HIXON, TAYLOR, CLARY, NANNEY, FORRESTER, MCCOY, STAVRINAKIS, ALLISON, CHUMLEY, COLLINS, HUGGINS, FINLAY, CROSBY and RILEY requested debate on the Bill.
The following Bill was taken up:
H. 5119 (Word version) -- Reps. Goldfinch, Putnam, Clemmons, Quinn, Fry, H. A. Crawford, Johnson, Burns, Collins, Merrill, Yow, Hamilton, McCoy, Jordan, Robinson-Simpson, Finlay, Kennedy, Spires, Ballentine, Bannister, Bedingfield, R. L. Brown, Delleney, Dillard, Duckworth, Felder, Funderburk, Gambrell, Hardee, Henderson, Hill, Lowe, Lucas, D. C. Moss, Nanney, Pitts, Ryhal, Sandifer, G. R. Smith, J. E. Smith, Stringer, Toole, Williams and Willis: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO REQUIRE A MEMBER OF THE STATE GUARD TO COMPLETE A MINIMUM OF ONE HUNDRED NINETY-TWO HOURS OF TRAINING OR DRILL EACH YEAR IN ORDER TO QUALIFY FOR THE DEDUCTION; TO AMEND SECTION 25-1-635, AS AMENDED, RELATING TO LEGAL ASSISTANCE SERVICES FOR GUARD MEMBERS AND IMMEDIATE FAMILY MEMBERS, SO AS TO AUTHORIZE SOUTH CAROLINA STATE GUARD JUDGE ADVOCATES TO PROVIDE THESE SERVICES AND TO INCLUDE THEM WITHIN THE PERSONAL LIABILITY EXEMPTION; TO AMEND SECTIONS 25-3-20 AND 25-3-130, BOTH RELATING TO THE GOVERNOR'S AUTHORITY TO CALL THE STATE GUARD INTO DUTY, SO AS TO CLARIFY THE CIRCUMSTANCES AUTHORIZING THE GOVERNOR TO CALL THE STATE GUARD INTO DUTY AND TO PROVIDE THAT CIRCUMSTANCES INVOLVING A NATURAL OR MANMADE DISASTER, EMERGENCY, OR EMERGENCY PREPAREDNESS MAY WARRANT CALLING THE STATE GUARD INTO SERVICE; AND TO AMEND SECTION 25-3-140, RELATING TO PAY OF STATE GUARD MEMBERS ON ACTIVE DUTY, SO AS TO PROVIDE THAT STATE GUARD MEMBERS MAY RECEIVE A DAILY STIPEND OR PER DIEM PAY FOR REASONABLE EXPENSES, OR BOTH, IF APPROVED BY THE ADJUTANT GENERAL.
Rep. GOLDFINCH explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Bales Ballentine Bamberg Bannister Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk George Gilliard Goldfinch Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kennedy Kirby Knight Loftis Long Lucas McCoy M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Nanney Newton Norman Norrell Ott Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer G. M. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5278 (Word version) -- Rep. Bingham: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO CARRY FORWARD CERTAIN FUNDS APPROPRIATED IN THE 2015-2016 GENERAL APPROPRIATIONS ACT REGARDING SUPPLEMENTAL SUPPORT OF PROGRAMS AND SERVICES FOR STUDENTS WITH DISABILITIES SO AS TO MEET THE ESTIMATED MAINTENANCE OF EFFORT FOR THE INDIVIDUALS WITH DISABILITIES ACT (IDEA).
Rep. WHITE explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Bales Ballentine Bannister Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Clary Clemmons Clyburn Cobb-Hunter Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk George Gilliard Goldfinch Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kennedy Kirby Knight Loftis Long Lucas McCoy M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Newton Norman Norrell Ott Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. GOLDFINCH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4999 (Word version) -- Reps. Goldfinch, Merrill, Clemmons, Ridgeway, G. M. Smith, Yow, Erickson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 44 SO AS TO BE ENTITLED "IMMUNITY FROM LIABILITY FOR PROVIDING FREE HEALTH CARE SERVICES", AND TO PROVIDE THAT THE SERVICES OF A HEALTH CARE PROVIDER TREATING A PATIENT FREE OF CHARGE ARE DEEMED TO BE WITHIN THE SCOPE OF THE GOOD SAMARITAN STATUTE; TO REENTITLE CHAPTER 30, TITLE 44 AS "HEALTH CARE PROFESSIONALS"; TO DESIGNATE SECTIONS 44-30-10 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE PROFESSIONAL COMPLIANCE ACT"; AND TO AMEND SECTION 38-79-30, RELATING TO LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE MEDICAL CARE, SO AS TO REQUIRE A WRITTEN AGREEMENT OF PROVISION OF THE VOLUNTARY, UNCOMPENSATED CARE AND TO ALLOW THE WRITTEN AGREEMENT TO BE AN ELECTRONIC RECORD.
On motion of Rep. LONG, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
S. 1016 (Word version) -- Senators Cleary, Jackson, J. Matthews, Campbell, Davis, Scott, Turner, Rankin, Alexander and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 44 TO ENACT THE "EYE CARE CONSUMER PROTECTION LAW" SO AS TO ESTABLISH REQUIREMENTS FOR A PERSON WHO SELLS SPECTACLES OR CONTACT LENSES USING REFRACTIVE DATA OR INFORMATION GENERATED BY AN AUTOMATED TESTING DEVICE.
On motion of Rep. HUGGINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 5193 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 44-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS AND STANDING ORDERS FOR OPIOID ANTIDOTES, SO AS TO AUTHORIZE THE PRESCRIPTION AND DISPENSING OF OPIOID ANTIDOTES PURSUANT TO A NONPATIENT-SPECIFIC STANDING ORDER IN CERTAIN CIRCUMSTANCES.
On motion of Rep. BANNISTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 5245 (Word version) -- Reps. Tallon, Bannister, J. E. Smith, Finlay, Anthony, Bernstein, Bales, Bingham, Clary, Cole, Delleney, Forrester, Henderson, Herbkersman, Pope and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-945 SO AS TO PROVIDE THAT A MANUFACTURER, BREWER, IMPORTER, OR RETAILER MAY OFFER OR SPONSOR CERTAIN COUPONS AND REBATES TO A CONSUMER FOR THE PURCHASE OF BEER, TO PROVIDE THAT A WHOLESALER IS PROHIBITED FROM PARTICIPATING IN THE PROCUREMENT, REDEMPTION, OR OTHER COSTS ASSOCIATED FOR ANY COUPON OR REBATE FOR BEER, AND TO PROVIDE THAT A BEER MANUFACTURER OR WHOLESALER IS PROHIBITED FROM OFFERING PAPER INSTANT REDEEMABLE COUPONS AND SCANBACK COUPONS FOR BEER IN THIS STATE.
On motion of Rep. WILLIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 4415 (Word version) -- Rep. Duckworth: A BILL TO AMEND SECTION 59-67-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING THE TRANSPORTATION OF STUDENTS AND SCHOOL BUSES, SO AS TO DEFINE THE TERM "NATIONAL SCHOOL BUS GLOSSY YELLOW"; AND TO AMEND SECTION 59-67-40, RELATING TO THE APPLICABILITY OF PAINTING REQUIREMENTS OF PUBLIC SCHOOL BUSES TO PRIVATE SCHOOL BUSES, SO AS TO CLARIFY THAT PRIVATE SCHOOL BUSES NOT COMPLYING WITH CERTAIN REQUIREMENTS MAY NOT BE PAINTED THE COLOR "NATIONAL SCHOOL BUS GLOSSY YELLOW".
The following Bill was taken up:
H. 4029 (Word version) -- Reps. Norman, Govan, King, Corley, Hixon, Simrill, Thayer, Alexander and Willis: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AWARDS, SO AS TO CREATE A PRESUMPTION FOR THE AWARD OF LUMP-SUM OR REIMBURSEMENT ALIMONY AND AGAINST THE AWARD OF PERIODIC OR REHABILITATIVE ALIMONY, TO ESTABLISH GUIDELINES FOR AWARDING ALIMONY BASED ON THE DURATION OF THE MARRIAGE, TO PROVIDE THAT THE COURT MAY FIND COHABITATION EVEN IF A PARTY MAINTAINS A RESIDENCE OR DWELLING IN ADDITION TO THE RESIDENCE OR DWELLING WHERE THE PARTY IS COHABITING, TO PROHIBIT THE COURT FROM TAKING INTO CONSIDERATION CERTAIN EARNINGS OR PROPERTIES WHEN DETERMINING A SUPPORTING SPOUSE'S ABILITY TO PAY, TO ALLOW THE COURT TO CONSIDER THE EXTENT TO WHICH ALIMONY PAID TO A PARTY WHO IS COHABITING IS USED TO CONTINUE OR SUPPORT THE COHABITATION, TO REQUIRE THE COURT TO CONSIDER SOCIAL SECURITY SPOUSAL RETIREMENT BENEFITS AND OTHER RETIREMENT INCOME TO WHICH A SUPPORTED SPOUSE IS ENTITLED WHEN MAKING OR MODIFYING AN ALIMONY AWARD, TO PROHIBIT THE COURT FROM TAKING INTO CONSIDERATION INCOME OR BENEFITS RELATED TO AN INJURY OR DISABILITY OF THE SUPPORTING SPOUSE WHEN DETERMINING THE SUPPORTING SPOUSE'S ABILITY TO PAY; AND TO AMEND SECTION 20-3-170, RELATING TO MODIFICATION, CONFIRMATION, AND TERMINATION OF ALIMONY, SO AS TO CREATE A PRESUMPTION THAT RETIREMENT IS A CHANGE OF CIRCUMSTANCE JUSTIFYING TERMINATION OF ALIMONY WHEN THE SUPPORTING SPOUSE IS ELIGIBLE TO RECEIVE SOCIAL SECURITY RETIREMENT BENEFITS, TO PROVIDE THAT THE COURT SHOULD DECREASE AN ALIMONY AWARD IF A SUPPORTED SPOUSE IS ENTITLED TO RECEIVE CERTAIN SPOUSAL SOCIAL SECURITY RETIREMENT BENEFITS, AND TO PROVIDE THAT THE COURT HAS THE DISCRETION TO MODIFY AN ALIMONY AWARD AT WHATEVER AGE THE SUPPORTING SPOUSE RETIRES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bales Ballentine Bamberg Bannister Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Finlay Forrester Funderburk Gambrell George Goldfinch Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Kennedy King Kirby Knight Loftis Long Lowe Lucas McCoy M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Nanney Norman Norrell Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Gilliard Whipper
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up:
H. 3167 (Word version) -- Reps. Tallon, Long, G. R. Smith, Pitts, Toole, Pope, Simrill, Johnson, Felder, Kennedy, Jordan, Goldfinch, Clemmons, Duckworth, Fry, Hardee, Ryhal, Yow, Gagnon, Willis, Rutherford, Hixon, Taylor, Hill, Howard, Williams, Douglas, Dillard, Hayes, Daning, Crosby, George, Bales, Bradley, Murphy, Bannister, Delleney, Bingham, McKnight and Kirby: A BILL TO AMEND SECTION 7-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF IDENTIFICATION REQUIRED OF A PERSON WHEN HE PRESENTS HIMSELF TO VOTE, SO AS TO INCLUDE A VALID AND CURRENT SOUTH CAROLINA RESIDENT CONCEALED WEAPON PERMIT AS AN AUTHORIZED FORM OF IDENTIFICATION.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bales Ballentine Bamberg Bannister Bernstein Bowers Bradley Brannon G. A. Brown Burns Chumley Clary Clemmons Clyburn Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gambrell George Goldfinch Hamilton Hardee Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hosey Huggins Johnson Jordan Kennedy Kirby Knight Loftis Long Lowe Lucas McCoy M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Nanney Newton Norman Norrell Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
R. L. Brown Cobb-Hunter Dillard Gilliard Hodges Jefferson King Weeks Whipper
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up:
H. 4845 (Word version) -- Reps. King and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE A FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER MAY REFUSE TO RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE UNTIL ALL FINANCIAL OBLIGATIONS RELATED TO SERVICES PROVIDED BY THE FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER WITH RESPECT TO THE DEAD HUMAN BODY HAVE BEEN FULLY SATISFIED; AND TO AMEND SECTION 40-19-110, RELATING TO UNPROFESSIONAL CONDUCT OF A FUNERAL DIRECTOR OR EMBALMER, SO AS TO PROVIDE THAT REFUSING TO PROPERLY RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE CONSTITUTES UNPROFESSIONAL CONDUCT EXCEPT WHEN THE REFUSAL IS FOR FAILURE TO SATISFY RELATED FINANCIAL OBLIGATIONS.
The Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
S. 950 (Word version) -- Senators Grooms and Thurmond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 162 AND SOUTH CAROLINA HIGHWAY 165 IN CHARLESTON COUNTY "CHARLESTON COUNTY POLICEMAN STEVEN BUIST HIOTT, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLESTON COUNTY POLICEMAN STEVEN BUIST HIOTT, JR. MEMORIAL HIGHWAY".
Rep. R. L. BROWN proposed the following Amendment No. 1 to S. 950 (COUNCIL\AGM\950C001.AGM.AB16), which was adopted:
Amend the bill, as and if amended, page 2, lines 34, by deleting /terminus at the Wadmalaw River / and inserting / intersection with S.C. Highway 162 the /.
Renumber sections to conform.
Amend title to conform.
Rep. R. L. BROWN explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. DELLENEY.
The following Bill was taken up:
H. 3868 (Word version) -- Reps. Pitts, White, Goldfinch, Hardee, Bales, Gambrell and Gagnon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "WETLANDS CONSERVATION ACT"; TO AMEND SECTION 12-24-95, RELATING TO DEED RECORDING FEES, SO AS TO INCREASE THE PORTION OF A STATE DEED RECORDING FEE THAT MUST BE CREDITED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND FROM TWENTY-FIVE CENTS TO THIRTY CENTS; TO AMEND SECTION 48-59-60, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, SO AS TO REQUIRE THAT ANY FUNDS COLLECTED BY THE SOUTH CAROLINA CONSERVATION BANK IN EXCESS OF THE AMOUNT AUTHORIZED IN THE ANNUAL APPROPRIATIONS BILL MUST BE TRANSFERRED TO THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 48-59-70, RELATING TO TRUST FUND GRANTS AND CONSERVATION CRITERIA, SO AS TO ADD ISOLATED WETLANDS AND CAROLINA BAYS TO THE CONSERVATION CRITERIA, TO ADD THE VALUE OF A PROPOSAL ON WILDLIFE MANAGEMENT AREAS OWNED AND MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES TO THE CONSERVATION CRITERIA, AND TO ALLOW THE BOARD TO AUTHORIZE UP TO EIGHT AND THIRTY-THREE ONE HUNDREDTHS PERCENT OF THE MONIES CREDITED TO THE TRUST FUND TO APPLICATIONS THAT SOLELY MEET THE NEW CONSERVATION CRITERIA AND LIMIT THE AWARD OF MONEY TO APPLICATIONS FOR ACQUISITION OF INTERESTS IN LAND SOLELY FOR THE SITES OF HISTORICAL OR ARCHAEOLOGICAL SIGNIFICANCE; TO AMEND SECTION 48-59-75, RELATING TO RESTRICTIONS ON THE TRANSFER OF DEED RECORDING FEES TO THE TRUST FUND, SO AS TO PROVIDE THE TRANSFER OF RECORDING FEES AND OTHER APPROPRIATED FUNDS TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND MUST BE DECREASED BY TWICE THE AVERAGE PERCENTAGE REDUCTION OF APPROPRIATIONS TO EACH AGENCY AND DEPARTMENT IN A FISCAL YEAR WHEN THE GENERAL ASSEMBLY PROVIDES LESS APPROPRIATIONS THAN WHAT WAS PROVIDED FOR IN THE PREVIOUS YEAR TO AT LEAST ONE-HALF OF ALL STATE AGENCIES OR DEPARTMENTS.
Rep. PITTS moved to adjourn debate on the Bill until Thursday, April 28, which was agreed to.
The following Bill was taken up:
H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes, Kirby, Bradley, Newton, Erickson and Long: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Rep. WHITE moved to adjourn debate on the Bill until Thursday, April 28, which was agreed to.
The following Bill was taken up:
H. 4661 (Word version) -- Reps. Forrester, Sandifer, Clemmons, Loftis, Stringer, Norman, Ballentine, Rivers and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 7 TO ARTICLE 9, CHAPTER 35, TITLE 11 SO AS TO PROVIDE REQUIREMENTS CONCERNING ACCEPTABLE PIPING MATERIAL IN THE STATE PROCUREMENT CODE, AND TO DEFINE NECESSARY TERMS.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4661 (COUNCIL\AGM\4661C001. AGM.AB16):
Amend the bill, as and if amended, Section 11-35-3265, as contained in SECTION 1, by deleting the section in its entirety and inserting:
/ Section 11-35-3265. (A) A governmental agency that is procuring materials and using state funds for a water supply, wastewater, stormwater, or storm drainage project shall allow all acceptable piping material to participate in the bidding process for the construction, rebuild, or repair as long as it meets sound engineering practices and project requirements as determined by an official engineer of the governmental agency.
(B) Nothing in this section prohibits the governmental agency from choosing a material at its discretion for a project referred to in subsection (A)." /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER moved to adjourn debate on the amendment, which was agreed to.
Rep. HAMILTON moved to adjourn debate on the Bill until Thursday, May 5.
Rep. NORMAN moved to table the motion.
Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Bernstein Collins Crosby Duckworth Felder Forrester Goldfinch Hardee Henderson Hixon Jordan Loftis Lowe Lucas McKnight M. S. McLeod Merrill D. C. Moss Norman Pitts Riley Rivers Rutherford Ryhal G. M. Smith G. R. Smith J. E. Smith Sottile Spires Tallon Whipper White
Those who voted in the negative are:
Alexander Allison Anderson Bales Bamberg Bradley R. L. Brown Burns Clary Clemmons Clyburn Daning Delleney Dillard Douglas Erickson Finlay Fry Funderburk George Gilliard Govan Hamilton Hayes Herbkersman Hill Hiott Hodges Hosey Huggins Jefferson Johnson Kennedy King Kirby Long McCoy W. J. McLeod Nanney Newton Norrell Parks Pope Putnam Quinn Ridgeway Robinson-Simpson Sandifer Simrill Stavrinakis Stringer Tinkler Weeks Wells Whitmire Williams Willis Yow
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate until Thursday, May 5, which was agreed to by a division vote of 40 to 34.
The following Bill was taken up:
H. 3767 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-221 SO AS TO PROHIBIT THE LEVY OF CERTAIN PROPERTY TAXES ON REAL PROPERTY OWNED OR LEASED TO CERTAIN CHILDCARE PROVIDERS; TO AMEND SECTION 63-13-20, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF CHILDCARE FACILITIES, SO AS TO CLARIFY THE TYPES OF DAYTIME PROGRAMS AND DAY CAMPS TO WHICH THE DEFINITION APPLIES; BY ADDING SECTION 63-13-220 SO AS TO PROHIBIT USE OF ABC VOUCHERS BY CERTAIN CHILDCARE FACILITIES AND TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY; AND BY ADDING SECTION 63-13-470 SO AS TO PROVIDE FOR LICENSING AND APPROVAL REQUIREMENTS FOR PRIVATE CHILDCARE CENTERS AND GROUP CHILDCARE HOMES.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 3767 (COUNCIL\GGS\3767C009.GGS. VR16):
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Section 63-13-20(4) of the 1976 Code is amended to read:
"(4) 'Childcare facilities' means a facility which provides care, supervision, or guidance for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, childcare centers, group childcare homes, and family childcare homes. The term does not include:
(a) an educational facility, whether private or public, which operates solely for educational purposes in grade one or above;
(b) five-year-old kindergarten programs;
(c) kindergartens or nursery schools or other daytime programs, including public, private, nonprofit, and athletic programs, with or without stated educational purposes, operating no more than four two hours a day and receiving children younger than lawful school twelve years of age;
(d) facilities operated for more than four two hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this chapter while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; however, these facilities must meet local fire and sanitation requirements and maintain documentation on these requirements on file at the facility available for public inspection;
(e) school vacation or school holiday day camps for children operating in distinct sessions running less than three with sessions lasting two weeks per session unless the day camp permits children to enroll in successive sessions so that their total attendance may exceed three weeks. This chapter prohibits any business from operating any school vacation or school holiday camp or education program that cares for children for more than two weeks without having a childcare license or registration. This includes programs that run multiple week programs consecutively so that children can attend for more than two weeks by stacking programs/themes throughout the summer. Programs lasting more than two weeks must comply with this chapter before opening, including the requirement to be licensed or registered by the department;
(f) summer resident camps for children;
(g) bible schools normally conducted during vacation periods;
(h) facilities for persons with intellectual disability provided for in Chapter 21, Title 44;
(i) facilities for the mentally ill as provided for in Chapter 17, Title 44;
(j) childcare centers and group childcare homes owned and operated by a local church congregation, or an established religious denomination, or a religious college or university which does not receive state or federal financial assistance for childcare services; however, these facilities must comply with the provisions of Article 9, and Sections 63-13-60 and 63-13-110, and that these facilities voluntarily may elect to become licensed according to the process as set forth in Article 3 and Sections 63-13-30, 63-13-40, 63-13-70, 63-13-80, 63-13-90, 63-13-100, 63-13-160, and 63-13-170;
(k) certain childcare facilities defined in subitems (c) and (e) that elect not to become licensed according to the process set forth in Article 3, Chapter 13, Title 63 and Sections 63-13-30, 63-13-40, 63-13-70, 63-13-80, 63-13-90, 63-13-100, 63-13-160, and 63-13-170, if the facility charges less than twenty-five dollars per child per month inclusive of any associated fees. Any childcare facility electing not to become licensed must:
(i) comply with the requirements of Sections 63-13-30, 63-13-40, 63-13-70, 63-13-110, and 63-13-185 and any child safety training requirements; and
(ii) facilitate the annual inspection by the department pursuant to Section 63-13-80(A) to ensure compliance with the requirements of subitem (k)(i);
(l) any facility open to the general public that does not charge fees and where open play time, not part of a scheduled program, is available such as in community centers, playgrounds, sports fields, and gymnasiums; and
(m) any half-day 4K programs required by Section 59-5-65(8) and summer reading camps required by Section 59-155-160."
SECTION 2. Section 63-13-210 of the 1976 Code is amended to read:
"Section 63-13-210. (A) An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 63-13-20, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2009, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home does not carry liability insurance for the operation of its childcare business must carry liability insurance. The owner or operator of a childcare center, group childcare home, or family childcare home must maintain a file of these signed statements at the home during the period of time a child is enrolled. For new enrollees to a childcare center, group childcare home, or family childcare home, the owner or operator must provide the parent or parents or guardian or guardians of a new enrollee with this information at the time of enrollment, obtain a signed statement from each parent or guardian at the time of enrollment, and maintain these signed statements at the home during the period of time a child is enrolled.
(B) If an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 63-13-20, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the childcare center, group childcare home, or family childcare home no later than thirty days after the liability insurance lapses or is canceled.
(C) The department shall send a letter to each childcare center, group childcare home, and family childcare home licensed or registered as of June 30, 2008, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2009, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For childcare centers, group childcare homes, and family childcare homes licensed or registered after June 30, 2008, the department shall provide the information contained in subsections (A) and (B) at the time the childcare center, group childcare home, or family childcare home applies for a license or registration."
SECTION 3. Article 1, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-220. The department's childcare facility licensing division administers the ABC Childcare Program which makes payments to childcare providers to care for children from low income families so their parents can work. The department may issue ABC Childcare Program vouchers only to childcare facilities that are licensed or registered by the department's childcare facility licensing division and that are in compliance with regulations promulgated by the department pursuant to this section or by another provision of law."
SECTION 4. Article 1, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-230. For any childcare facility defined by Section 63-13-20(4)(c) or (e), the following conditions apply:
(1) A teacher/caregiver who is sixteen or seventeen years of age may be employed and may be counted as adult staff for purposes of staff/child ratio as long as that teacher/caregiver is continuously supervised by a fully qualified teacher/caregiver, as defined by South Carolina Regulation 114-503(K)(4), who is in the room at all times. One adult staff person may supervise no more than two teachers/caregivers who are sixteen or seventeen years of age.
(2) A volunteer employee, who is at least sixteen years of age, may work in the facility; however, the volunteer is not permitted to be counted for purposes of meeting the child/staff ratio requirements. In addition, the volunteer must be continuously supervised by a fully qualified teacher/caregiver, as defined by South Carolina Regulation 114-503(K)(4), who is in the room at all times, and the volunteer must have a completed approved SLED check. One adult staff person may supervise no more than two volunteers.
(3) For seasonal employees or after school employees the training criteria required by regulation shall be pro-rated according to the department policy on regulations.
(4) If a childcare facility is part of a multi-site facility, the employee records required under the law and regulation may be kept on site or in a central location, or must be available electronically at each site.
(5) The education degrees required in South Carolina Regulation 114-503(K)(3)(c)(i) also must include any other bachelors' degrees such as a recreation, sports management, elementary education, and family and social sciences.
(6) The childcare facility must have hot and cold water under pressure in at least the kitchen or food preparation area. Hot water must be between one hundred to one hundred twenty-five degrees Fahrenheit. There must be at least one sink with running water under pressure to every twenty children over two years of age. Sinks must be located in or near each toilet area.
(7) Outdoor recreation fields are exempt from any department regulations concerning bathroom and water requirements.
(8) Background check fees related to employees and volunteers of a governmental agency pursuant to Chapter 13, Title 63 must be the same as the fees charged to non-profit/charitable fees."
SECTION 5. Article 3, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-470. A regular license or regular approval issued by the department to private childcare centers or group childcare homes is valid for two years from the date of issuance, unless revoked by the department or voluntarily surrendered by the director of the private childcare center or the director of the group childcare home; provided, however, that a change in location, ownership, or sponsorship of the facility automatically voids the license or approval. After the private childcare center or group childcare home has been in business for two years, the renewal license is valid for three years from the date of issuance."
SECTION 6. A. Except as provided in SECTION 6.B, this act takes effect upon approval of the Governor.
B. The new requirements in SECTION 2 and SECTION 4 of this act take effect ninety days after approval of the Governor. The changes in this act that relate to experience and education requirements do not apply to staff employed on or before the effective date of the act. However, those staff must comply with any changes to background checks, training, and any other requirements. A teacher/caregiver employed on or before the effective date of this act who has more than a twelve-month break in service after the effective date of this act must meet the regulations and guidelines for reemployment. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. WHITE moved to adjourn debate on the Bill until Thursday, April 28, which was agreed to.
The following Bill was taken up:
H. 5037 (Word version) -- Reps. Quinn, Jefferson, Brannon and Whipper: A BILL TO AMEND SECTION 7-15-385, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING AND MARKING OF BALLOTS, SO AS TO ELIMINATE THE AUTHORIZATION ALLOWING ANOTHER PERSON TO RETURN THE ABSENTEE BALLOT APPLICANT'S BALLOT FOR HIM, AND TO ELIMINATE THE REQUIREMENT THAT THE ABSENTEE BALLOT APPLICANT'S OATH ON THE RETURN ENVELOPE BE WITNESSED.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 5037 (COUNCIL\GGS\5037C001.GGS.ZW16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-15-385 of the 1976 Code, as last amended by Act 416 of 1996, is further amended to read:
"Section 7-15-385. Upon receipt of the ballot or ballots, the absentee ballot applicant must shall mark each ballot on which he wishes to vote and place each ballot in the single envelope marked 'Ballot Herein', which in turn must be placed in the return-addressed envelope. The applicant must shall then return the return-addressed envelope to the board of voter registration and elections by mail, by personal delivery, or by authorizing another person to return the envelope for him. The authorization must be given in writing on a form prescribed by the State Election Commission and must be turned in to the board of voter registration and elections at the time the envelope is returned. The voter must shall sign the form, or in the event the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The authorization must be preserved as part of the record of the election, and the board of voter registration and elections must note the authorization and the name of the authorized returnee in the record book required by Section 7-15-330. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not permitted to serve as an authorized returnee for any a person unless the person is a member of the voter's immediate family as defined in Section 7-15-310. The oath set forth in Section 7-15-380 must be signed and witnessed on each returned envelope. The board of voter registration and elections must shall record in the record book required by pursuant to Section 7-15-330 the date the return-addressed envelope with witnessed oath and enclosed ballot or ballots is received by the board. The board must shall securely store the envelopes in a locked box within the office of the board of voter registration and elections."
SECTION 2. Section 7-15-220 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-220. (A) The oath, a copy of which is required by Section 7-15-200(2) to be sent each absentee ballot applicant and which is required by Section 7-15-230 to be returned with the absentee ballot applicant's ballot, shall must be signed by the absentee ballot applicant and witnessed. The oath shall must be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots with which this oath is enclosed is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________ 20 ___
____________________
Signature of Witness
____________________
Address of Witness
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A)."
SECTION 3. Section 7-15-380 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-380. (A) The oath, which that is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee ballot applicant, must be signed by the absentee ballot applicant and witnessed. The address of the witness shall appear on the oath. In the event the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The oath must be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________, 20 ___
____________________
Signature of Witness
____________________
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A)."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN spoke in favor of the amendment.
Rep. CLEMMONS spoke against the amendment.
Rep. JEFFERSON spoke in favor of the amendment.
Rep. NORRELL spoke in favor of the amendment.
The amendment was then adopted.
Rep. CLEMMONS spoke against the Bill.
Rep. CLEMMONS proposed the following Amendment No. 2 to H. 5037 (COUNCIL\MS\5037C001.MS.AHB16):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-15-385 of the 1976 Code, as last amended by Act 416 of 1996, is further amended to read:
"Section 7-15-385. Upon receipt of the ballot or ballots, the absentee ballot applicant must shall mark each ballot on which he wishes to vote and place each ballot in the single envelope marked 'Ballot Herein', which in turn must be placed in the return-addressed envelope. The applicant must shall then return the return-addressed envelope to the board of voter registration and elections by mail, by personal delivery, or by authorizing another person to return the envelope for him. The authorization must be given in writing on a form prescribed by the State Election Commission and must be turned in to the board of voter registration and elections at the time the envelope is returned. The voter must shall sign the form, or in the event the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The authorization must be preserved as part of the record of the election, and the board of voter registration and elections must note the authorization and the name of the authorized returnee in the record book required by Section 7-15-330. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not permitted to serve as an authorized returnee for any a person unless the person is a member of the voter's immediate family as defined in Section 7-15-310. The oath set forth in Section 7-15-380 must be signed and witnessed on each returned envelope. The board of voter registration and elections must shall record in the record book required by pursuant to Section 7-15-330 the date the return-addressed envelope with witnessed oath and enclosed ballot or ballots is received by the board. The board must shall securely store the envelopes in a locked box within the office of the board of voter registration and elections."
SECTION 2. Section 7-15-220 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-220. (A) The oath, a copy of which is required by Section 7-15-200(2) to be sent each absentee ballot applicant and which is required by Section 7-15-230 to be returned with the absentee ballot applicant's ballot, shall must be signed by the absentee ballot applicant and witnessed. The oath shall must be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots with which this oath is enclosed is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________ 20 ___
____________________
Signature of Witness
____________________
Printed Name of Witness
____________________
Address of Witness
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A)."
SECTION 3. Section 7-15-380 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-380. (A) The oath, which that is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee ballot applicant, must be signed by the absentee ballot applicant and witnessed. The address of the witness shall appear on the oath. In the event the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The oath must be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________, 20 ___
____________________
Signature of Witness
____________________
Printed Name of Witness
____________________
Address of Witness
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A)."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. J. E. SMITH moved to table the amendment.
Rep. CLEMMONS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bales Ballentine Bamberg Bernstein Bowers G. A. Brown R. L. Brown Clyburn Cobb-Hunter Collins Dillard Douglas Funderburk George Gilliard Govan Hayes Henegan Hodges Hosey Huggins Jefferson Kennedy King Kirby Knight McEachern McKnight M. S. McLeod W. J. McLeod Mitchell Norrell Ott Parks Quinn Ridgeway Robinson-Simpson Rutherford J. E. Smith Stavrinakis Tinkler Weeks Whipper Williams
Those who voted in the negative are:
Bannister Bradley Burns Chumley Clary Clemmons H. A. Crawford Crosby Delleney Duckworth Erickson Felder Forrester Fry Gambrell Goldfinch Hamilton Henderson Hicks Hill Hiott Hixon Johnson Jordan Loftis Long Lowe Merrill Nanney Newton Norman Pitts Pope Riley Rivers Ryhal Sandifer Simrill G. R. Smith Sottile Spires Tallon Taylor Thayer Wells White Whitmire Willis Yow
So, the House refused to table the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. MERRILL moved to continue the Bill.
Rep. CLEMMONS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Bannister Bowers Bradley Burns Chumley Clemmons H. A. Crawford Delleney Duckworth Erickson Felder Forrester Fry Gambrell Goldfinch Hamilton Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Johnson Jordan Kirby Loftis Long Lowe Lucas McCoy Merrill D. C. Moss Nanney Newton Norman Pitts Pope Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Tallon Taylor Thayer Tinkler Wells Whipper White Whitmire Willis Yow
Those who voted in the negative are:
Anderson Bales Ballentine Bamberg Bernstein G. A. Brown R. L. Brown Clary Clyburn Cobb-Hunter Collins Daning Dillard Douglas Funderburk George Gilliard Govan Hayes Hodges Hosey Howard Huggins Jefferson Kennedy King Knight McEachern McKnight M. S. McLeod W. J. McLeod Mitchell Norrell Ott Parks Quinn Ridgeway Rutherford J. E. Smith Stavrinakis Weeks Williams
So, the motion to continue the Bill was agreed to.
Rep. HAMILTON moved to reconsider the vote whereby debate was adjourned until Thursday, May 5, on the following Bill:
H. 4661 (Word version) -- Reps. Forrester, Sandifer, Clemmons, Loftis, Stringer, Norman, Ballentine, Rivers and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 7 TO ARTICLE 9, CHAPTER 35, TITLE 11 SO AS TO PROVIDE REQUIREMENTS CONCERNING ACCEPTABLE PIPING MATERIAL IN THE STATE PROCUREMENT CODE, AND TO DEFINE NECESSARY TERMS.
Rep. OTT moved to table the motion to reconsider.
Rep. H. A. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bales Bernstein Bradley G. A. Brown R. L. Brown Clary Collins Douglas Erickson Funderburk George Henegan Herbkersman Hill Hodges Hosey Howard Jefferson Kirby Knight Long McCoy M. S. McLeod W. J. McLeod Norrell Ott Parks Ridgeway Stavrinakis Thayer Tinkler Weeks Williams Yow
Those who voted in the negative are:
Allison Anderson Ballentine Bamberg Bannister Burns Chumley Clemmons H. A. Crawford Crosby Delleney Dillard Duckworth Felder Forrester Fry Gambrell Gilliard Goldfinch Govan Hamilton Henderson Hicks Hiott Hixon Huggins Johnson Kennedy King Loftis Lowe Lucas McKnight Merrill Mitchell D. C. Moss Nanney Newton Norman Pope Quinn Riley Rivers Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Tallon Taylor Wells Whipper White Whitmire Willis
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. FORRESTER proposed the following Amendment No. 2 to H. 4661 (COUNCIL\MS\4661C001.MS.AHB16):
Amend the bill, as and if amended, Section 11-35-3265, as contained in SECTION 1, by deleting the section in its entirety and inserting:
/ Section 11-35-3265. (A) A governmental agency that is procuring materials and using state funds for a water supply, wastewater, stormwater, or storm drainage project shall allow all acceptable piping material to participate in the bidding process for the construction, rebuild, or repair as long as it meets sound engineering practices and project requirements as determined by an official engineer of the governmental agency.
(B) Nothing in this section prohibits the governmental agency from choosing a material at its discretion for a project referred to in subsection (A)." /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER moved to adjourn debate on the amendment, which was agreed to.
Rep. FORRESTER proposed the following Amendment No. 3 to H. 4661 (COUNCIL\AGM\4661C002.AGM.AB16), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-45. (A) For the purposes of this section, 'governmental agency' means a county government, municipality, school district, public district, county board of education, joint powers authority, water or sewer district, special purpose district, or any other public or municipal corporation.
(B) An official or an engineer of a governmental agency of this state shall consider all piping material in determining project requirements when state funds are used for a water supply, wastewater, stormwater, or storm drainage project.
(C) Nothing in this section prohibits an official or an engineer of the governmental agency from choosing a piping material in its discretion for a project referred to in subsection (B)."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER explained the amendment.
Rep. NORMAN spoke in favor of the amendment.
Rep. NORMAN spoke in favor of the amendment.
Rep. RYHAL spoke in favor of the amendment.
The amendment was then adopted.
The SPEAKER PRO TEMPORE granted Rep. G. M. SMITH a leave of absence for the remainder of the day.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4661 (COUNCIL\AGM\4661C001. AGM.AB16), which was tabled:
Amend the bill, as and if amended, Section 11-35-3265, as contained in SECTION 1, by deleting the section in its entirety and inserting:
/ Section 11-35-3265. (A) A governmental agency that is procuring materials and using state funds for a water supply, wastewater, stormwater, or storm drainage project shall allow all acceptable piping material to participate in the bidding process for the construction, rebuild, or repair as long as it meets sound engineering practices and project requirements as determined by an official engineer of the governmental agency.
(B) Nothing in this section prohibits the governmental agency from choosing a material at its discretion for a project referred to in subsection (A)." /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER moved to table the amendment, which was agreed to.
Rep. FORRESTER proposed the following Amendment No. 2 to H. 4661 (COUNCIL\MS\4661C001.MS.AHB16), which was tabled:
Amend the bill, as and if amended, Section 11-35-3265, as contained in SECTION 1, by deleting the section in its entirety and inserting:
/ Section 11-35-3265. (A) A governmental agency that is procuring materials and using state funds for a water supply, wastewater, stormwater, or storm drainage project shall allow all acceptable piping material to participate in the bidding process for the construction, rebuild, or repair as long as it meets sound engineering practices and project requirements as determined by an official engineer of the governmental agency.
(B) Nothing in this section prohibits the governmental agency from choosing a material at its discretion for a project referred to in subsection (A)." /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bales Ballentine Bannister Burns Clemmons Clyburn Collins H. A. Crawford Delleney Dillard Duckworth Felder Forrester Fry Gilliard Goldfinch Govan Hayes Henderson Hicks Hiott Hixon Jefferson Johnson Jordan King Loftis Long Lowe Lucas McCoy McEachern McKnight Merrill Mitchell D. C. Moss Newton Norman Pitts Pope Rivers Rutherford Ryhal Sandifer Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Tinkler Wells Whitmire Williams Willis
Those who voted in the negative are:
Alexander Bamberg Bernstein R. L. Brown Chumley Clary Crosby Daning Douglas Erickson Funderburk Gambrell George Hamilton Henegan Herbkersman Hill Hodges Hosey Howard Kennedy Kirby M. S. McLeod W. J. McLeod Ott Parks Riley J. E. Smith Thayer Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. WHITE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3054 (Word version) -- Reps. Gilliard, Alexander and Henegan: A CONCURRENT RESOLUTION TO URGE OUR FEDERAL, STATE, AND LOCAL GOVERNMENTS, ALONG WITH CHURCHES AND NEIGHBORHOOD ASSOCIATIONS, TO ACCELERATE THEIR EFFORTS TO ASSIST THE HOMELESS IN LIGHT OF THE NATION'S ECONOMY AND ADVERSE WEATHER CONDITIONS.
H. 5268 (Word version) -- Reps. Pitts, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE LEWIS JACKSON BEAUBE OF GREENWOOD ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM MUCH HAPPINESS IN THE DAYS AHEAD.
H. 5083 (Word version) -- Reps. Clemmons, Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO REMEMBER ALL THE CHILDREN AND THEIR FAMILIES WHO WERE KILLED IN THE HOLOCAUST, TO HONOR HOLOCAUST SURVIVORS AND THEIR RESCUERS AND LIBERATORS, AND TO MARK THE UNVEILING OF THE PERMANENT BUTTERFLY MEMORIAL MONUMENT IN MYRTLE BEACH THAT WILL COMMEMORATE THEM FOR BOTH PRESENT AND FUTURE GENERATIONS.
H. 4663 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS ALONG SOUTH CAROLINA HIGHWAY 39 AT THE NORTHERN AND SOUTHERN ENTRANCES TO THE TOWN OF SALLEY THAT CONTAIN THE WORDS "LUKE PARSONS 2015 U.S. KIDS GOLF WORLD CHAMPION".
S. 1023 (Word version) -- Senators Hutto and McElveen: A BILL TO AMEND SECTION 23-31-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ALLOWED TO CARRY A CONCEALABLE WEAPON WHILE ON DUTY, SO AS TO INCLUDE PERSONS WHO ARE RETIRED FROM CERTAIN OFFICES IN THE PURVIEW OF THE STATUTE.
Referred to Committee on Judiciary
At 5:48 p.m. the House, in accordance with the motion of Rep. JEFFERSON, adjourned in memory of Allan Weiss, to meet at 10:00 a.m. tomorrow.
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